Loading...
HomeMy WebLinkAboutApril 13, 2005 Regular Meeting 436 A Regular Meeting ofthe Frederick County Board ofSupcrvisors was held on Wednesday, April 13,2005, a1. 7: 15 P.M., in the Board of Supervisors' Meeting Room, County Administration Building, 107 North Kent Street, Winchester, Virginia. PRESENT Chairman Richard C. Shickle; Vice-Chaimlan Gary W. Dove; Bill M. Ewing; Gene E. Fisher; Gina A. Forrester; Lynda J. Tyler, and Barbara E. Van Osten. CALL TO ORDER Chairman Shickle called the meeting to order. INVOCATION Rcverend David R. Witt, Opequon Presbyterian Church, delivered the invocation. PLEDGE OF ALLEGIANCE Vice-Chairman Dove led the Pledge of Allegiance. ADOPTION OF AGENDA - APPROVED County Administrator John Riley advised that he had no additions to the agenda. Upon a motion by Supervisor Ewing, seconded by Supervisor Tyler, the Board approved the agenda by the following recorded vote: Richard C. Shickle Aye Gay W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. F orrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye CONSENT AGENDA-APPROVED Administrator Riley offered the following item for the Board's consideration under Conscnt Agenda - Road Resolutions: Hartwood Subdivision; Star Fort Subdivision, Section IV -A; Rose Hill Meadows - Tab R. Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board approved thc consent agenda. Vice-Chairman Dove advised the he would be abstaining due to his ownership interest in one of the subdivisions. The above motion was approved by the following recorded vote: Minute Book Number 30 Board of Supervisors Regular Meeting of 04/13/05 Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten CITIZEN COMMENTS 437 Aye Abstained Aye Aye Aye Aye Aye Tim Stafford, Red Bud District, spoke regarding the proposed changes to the Eastern Road Plan. He thanked stafffor keeping him infonned throughout this process. He concluded by saying that he favored the proposed revisions to the Eastern Road Plan. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors' comments. MINUTES-APPROVED Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board approved the minutes from the March 11,2005 Board Worksession by the following recorded vote: Richard C. Shickle Ayc Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Van Osten, seconded by Supervisor Ewing, the Board approved the minutes from the March 23, 2005 Regular Meeting. Supervisor F OlTester advised that she would be abstaining because she was not in attendance at that meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. Fisher Gina A. Forrester Lynda J. Tyler Barbara E. Van Osten Aye Aye Aye Aye Abstained Aye Aye Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board approved the minutes from the March 28, 2005 Budget Public Hearing by the following recorded vote: Richard C. Shickle Gary W. Dove Aye Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 04/13/05 438 Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Upon a motion by Supervisor Forrester, seconded by Vice-Chairman Dove, the Board approved the minutes from the April 4, 2005 Budget Worksession by the following recorded vote: Richard C. Shicklc Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Ayc Gina A. Forrcster Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye COUNTY OFFICIALS EMPLOYEE OF THE MONTH A WARDS FOR FEBRUARY, MARCH, AND APRIL 2005 - (RESOLUTION #'s 045-05, 046-05 AND 047-05) Chairman Shickle presented the following resolutions recoglllzlllg Frederick County "Employee of the Month" for February, March, and April 2005. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH PATRICIA H. WILLIAMS WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Patricia H. Williams, who serves as a Deputy in the Frederick County Sheriff s Office was nominated for Employee of the Month; and, WHEREAS, Patricia is deserving of special recognition because of her job knowledge, her tireless care and concern in her work to improve the living conditions of children affected by abuse, and for her dedication to her profession, the Sheriffs Office and Frederick County; and, NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 13th day of April, 2005, that Patricia H. Williams is hereby recognized as the Frederick County Employee ofthe Month for February, 2005; and, BE IT FURTHERRESOL VED, that the Board of Supervisors extends gratitude to Patricia H. Williams for her outstanding pcrformancc and dedicated service and wishes her continued success in future endeavors; and, Miuute Book Number 30 Board of Supervisors Regular Meeting of 04/13/05 439 BE IT FURTHER RESOLVED, that Patricia H. Williams is hereby entitled to all of the rights and privileges associated with this award. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH TABITHA M. TAYLOR WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9,1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Tabitha M. Taylor, who serves as a LIDS TechnicianIBooking Supervisor in the CFFW Regional Detention Center was nominated for Employee of the Month; and, WHEREAS, Tabitha is deserving of special recognition because of her job knowledge, her commitment to excellence which was rated "exceptional" during the Virginia Compensation Board audit, and for her dedication to her profession, the CFFW Regional Detention Center, Frederick County; and, NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 13th day of April, 2005, that Tabitha M. Taylor is hereby recognized as the Frederick County Employee of the Month for March, 2005; and, BE IT FURTHERRESOL VED, thatthe Board of Supervisors extends gratitude to Tabitha M. Taylor for her outstanding performance and dedicated service and wishes her continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Tabitha M. Taylor is hereby entitled to all of the rights and privileges associated with this award. RESOLUTION TO RECOGNIZE THE FREDERICK COUNTY EMPLOYEE OF THE MONTH PATRICK. M. FLY WHEREAS, the Frederick County Board of Supervisors recognizes that the County's employees are a most important resource; and, WHEREAS, on September 9, 1992, the Board of Supervisors approved a resolution which established the Employee of the Month award and candidates for this award may be nominated by any County employee; and, WHEREAS, the Board of Supervisors selects one employee from those nominated, based on the merits of outstanding performance and productivity, positive job attitude and other noteworthy contributions to their department and to the County; and, WHEREAS, Patrick M. Fly, who serves as the GIS Analyst/Programmer in the Frederick County GIS Department was nominated for Employee of the Month; and, Minute Book Number 30 Board of Supervisors Regular Meeting of 04/13/05 4L~O WHEREAS, Patrick is deserving of special recognition because of his job knowledge and his commitment to getting the Interactive Mapping System(IMS) up and running resulting in rave reviews from the public, and for his dedication to his profession, the GIS Department and Frederick County; and, NOW, THEREFORE BE IT RESOLVED, by the Frederick County Board of Supervisors this 13th day of April, 2005, that Patrick M. Fly is hereby recognized as the Frederick County Employee of the Month for April, 2005; and, BE IT FURTHER RESOLVED, that the Board of Supervisors extends gratitude to Patrick M. Fly for his outstanding performance and dedicated service and wishes him continued success in future endeavors; and, BE IT FURTHER RESOLVED, that Patrick M. Fly is hereby entitled to all of the rights and privileges associated with this award. ADOPTION OF THE FISCAL YEAR 2005-2006 BUDGET (RESOLUTION #048-05)- APPROVED Administrator Riley read the FY 2005-2006 Budget Resolution. Upon a motion by Supervisor Ewing, seconded by Vice-Chairman Dove, the Board adopted the FY 2005-2006 Budget Resolution: WHEREAS, a notice of public hearing and budget synopsis has been published and a public hearing held on March 28,2005, in accordance with Title 15.2, Chapter 25, Section 15.2-2506, of the Code of Virginia, 1950 as amended. THEREFORE BE IT FURTHER RESOLVED by the Board of Supervisors ofthe County of Frederick, Virginia, that the budget for the 2005-2006 fiscal year as advertised in The Winchester Star on March 18,2005, be hereby approved in the amount of $202,669,299. WHEREAS, the budget amounts represent the total, less transfers between funds. BE IT FURTHER RESOLVED that the County of Frederick budget for the 2005-2006 fiscal year adopted as follows: General Operating Fund: General and Financial Administration Judicial Administration Public Safety Public Works Health/Welfare Education - Community College Parks, Recreation, Cultural Non-Departmental Expenses 6,086,159 1,644,558 15,408,534 3,551,218 5,673,907 57,106 2,565,557 2,361,541 Regional Jail Fund Landfill Fund Division of Court Services Fund ShawneeLand Sanitary District Fund Airport Operating Fund Airport Capital Fund Consolidated Services Fund 11,848,786 9,354,058 1,295,876 622,413 1,727,840 1,116,654 500,000 School Operating Fund: School Instruction 83,364,757 Minute Book Number 30 Board of Supervisors Regular Meeting of 04/13/05 i I l___ 441 Administration! Attendance and Health Services Pupil Transportation Services Operation and Maintenance Services Facilities 5,537,962 7,354,461 9,918,531 66,000 School Cafeteria Fund School Capital Fund School Debt Service Fund Larrick & Sides Trust Funds School Textbook Fund NREP Operating Fund NREP Textbook Fund 4,365,608 1,000,000 13,682,839 1,100 1,203,032 4,678,161 30,000 Unemployment Compensation Fund 10,000 BE IT FURTHER RESOLVED that the Board of Supervisors of the County of Frederick, Virginia, does hereby adopt the tax rate for the 2005 assessment year at a rate of 52 Y2 cents per $100 of assessed value to be applied to real estate, the rate of $4.20 per $100 of assessed value to be applied to personal property, $2.25 per $100 of assessed value to be applied to personal property on one vehicle to volunteer firefighters that are approved and registered with the Fire and Rescue Department, the rate of 42 Y2 cents per $100 to be applied to airplanes and zero tax to be applied to antique vehicles. Mobile homes will be taxed at the real estate rate. The Business and Professional Occupational License rates are as follows: retail 20 cents per $100 of gross receipts, contractors 16 cents per $100 of gross receipts, professional services 58 cents per $100 of gross receipts, personal and business 36 cents per $100 of gross receipts, wholesale 5 cents per $100 of purchases and the rate of $2.00 per $100 of assessed value on declining values to be applied to machinery and tools, and contract carrier classified vehicles. Meals tax at an adopted rate of 4 cents per $1. Lodging tax at an adopted rate of 2 cents per $1. County decals at an adopted rate of $25 per vehicle and $10 per motorcycle. The Sanitary Landfill fees are as follows: $38 per ton for less than 12,000 tons a year; $36 per ton for more than 12,000 but less than 24,000 tons a year; $34 per ton for more than 24,000 but less than 36,000 tons a year; $32 per ton for more than 36,000 but less than 48,000 tons a year; $30 per ton for more than 48,000 tons a year; $30 per ton for construction demolition debris; $25 per ton for municipal waste and $8 per ton for municipal sludge. The local tax for Enhanced 911 Service will continue to be at a set rate of $1.60. BE IT FURTHER RESOLVED that appropriations are hereby authorized for the central stores fund, special welfare fund, comprehensive services fund, county health insurance fund, school health insurance fund, length of service fund, employee benefits fund, maintenance insurance fund and unemployment compensation fund equal to the total cash balance on hand at July 1,2005, plus the total amount of receipts for the fiscal year 2005-2006. The Fire Company Capital appropriation will include the current year appropriation plus any unused funds at the end oftiscal year 2005. BE IT FURTHER RESOLVED that the school construction fund projects will be appropriated as a carryforward in the amount that equals the approved original project cost, less expenditures and encumbrances through June 30, 2005. Supervisor Tyler thanked the Finance Department and all of the department heads for their work on this year's budget. Supervisor Van Osten stated that she would 1 ike to see the school categorical funding levels increased. Supervisor Van Osten moved to amend the motion to adopt the budget resolution to include an increase in categorical funding levels for Frederick County Public Schools to $100,000 for multiple transfers and $20,000 for individual transfers. The motion was seconded by Supervisor Minute Book Number 30 Board of Supervisors Regular Meeting of 04/13/05 4!+2 Forrester. Supervisor Ewing advised that he had met with members ofthe School Board to discuss this and a proposal would be forth coming from the County Finance Committee. He stated that he would vote against the proposed amendment because a recommendation for an increase should come from the County Finance Committee. Vice-Chairman Dove echoed Supervisor Ewing's remarks. Supervisor Van Osten withdrew her motion. Supervisor Forrester withdrew her second. The motion to adopt the FY 2005-2006 Budget Resolution was approved by the fol1owing recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PROCLAMATION (#004-05) RE: APRIL AS CLEAN SWEEP MONTH - APPROVED Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board approve the Proclamation re: April as Clean Sweep Month. WHEREAS, The Frederick County Board of Supervisors is proud of its natural resources and its neighborhoods, and seeks to protect and improve the county through the action of citizens, schools, government and businesses working together; and WHEREAS, The Board acknowledges the detrimental environmental, social, and economic impacts of litter; and WHEREAS, The Board joins Keep America Beautiful's Great American Cleanup in promoting environmental stewardship, personal responsibility and community pride through litter prevention and beautification efforts. NOW, THEREFORE, BE IT RESOLVED, that the Frederick County Board of Supervisors does hereby proclaim April 2005 as Frederick County Clean Sweep Month. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 04/13/05 4.43 COMMITTEE APPOINTMENTS LARRY SULLIVAN APPOINTED TO FILL THE UNEXPIRED TERM OF MIKE RUDDY AS SHAWNEE DISTRICT REPRESENTATIVE ON THE PARKS AND RECREATION COMMISSION - APPROVED Upon a motion by Supervisor Fisher, seconded by Supervisor Tyler, the Board appointed Larry Sullivan to fill the unexpired term of Mike Ruddy as Shawnee District representative on the Parks and Recreation Commission, said term to expire January 28, 2008. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye WILLEY DEMBECK APPOINTED TO SERVE AS TOWN OF STEPHENS CITY REPRESENTATIVE ON THE TRANSPORTATION COMMITTEE - APPROVED Upon a motion by Supervisor Ewing, seconded by Supervisor Forrester, the Board appointed Willey Dembeck to serve as Stephens City representative on the Transportation Committee. This is a one year appointment, said term to expire April 28, 2006. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye SCHEDULING OF BOARD MEETINGS DURING SUMMER MONTHS - APPROVED Upon a motion by Supervisor Van Osten, seconded by Supervisor Fisher, the Board canceled the June 8, 2005 and July 27, 2005 board meetings. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye Minute Book Number 30 Board of Supervisors Regular Meeting of 04/13/05 4L~4 REOUEST TO SCHEDULE WORKSESSION WITH THE CONSERVATION EASEMENT COMMITTEE - APPROVED The Board scheduled a worksession with the Conservation Easement Committee for Thursday, May 26,2005, at 12:00 P.M. to review the Committee's recommended approach for the creation of an easement program for Frederick County. REOUEST FROM THE COMMISSIONER OF THE REVENUE FOR REFUNDS - APPROVED Administrator Riley advised that this was a request from the Commissioner of the Revenue to the Board to allow the Treasurer to refund or roll credits, as needed, for Palm Harbor Homes. The abatement of tax is due to an error on the business license taxes. The amount of the refund is $5,903.04. Administrator Riley advised that this was a request from the Commissioner of the Revenue to the Board to allow the Treasurer to refund or roll credits, as needed, for Citicapital Commercial Leasing, Inc. The amount of the refund is $10,886.06. Upon a motion by Supervisor Van Osten, seconded by Supervisor Forrester, the Board approved the requests from the Commissioner of the Revenue for refunds. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. F orrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye COMMITTEE REPORTS PERSONNEL COMMITTEE REPORT - APPROVED The Personnel Committee met on Wednesday, April 6, 2005, with the following committee members present: Gina A. Forrester, Chairperson, Verne E. Collins, Philip Farley, Barbara Van Osten, John R. Riley, Jr., Kris Tierney and Debby Didawick. Department Head present: Ed Strawsynder, Public Works Director, John Trenary, Building Official. Press member: Steve Edwards, WINe. 1. Reouest from the Public Works Director and Building Official to Reclassify Existilll! Positions - Approved Proposing to reclassify six (6) Inspector II positions to three (3) Senior Inspector/Design Review positions and three (3) Inspector III positions; one (1) Inspector I position to Inspector II, one (1) Office Assistant III to Permit Technician I, one (1) Secretary I to Permit Technician II, two (2) Sccrctary II positions to Pcrmit Tcchnician III, and onc (1) Administrative Assistant to Permit Manager. The Committee recommended approval. Minute Book Number 30 Board of Supervisors Regular Meeting of 04/13/05 445 Upon a motion by Supervisor Forrester, seconded by Supervisor Tyler, the Board approved the above request by the following recorded vote: Richard e. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye 2. Nominations Employee of the Month for Februarv. March. April and Mav Were Presented The Committee approved. 3. There was no Other Business to Come Before the Committee. ANNUAL REPORTS DEPARTMENTAL FISCAL YEAR 2005-2006 WORK PROGRAMS - APPROVED The Board received the FY 2005-2006 departmental work programs. Upon a motion by Supervisor Tyler, seconded by Supervisor Van Osten, the Board approved the departmental work programs for FY 2005-2006. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARINGS PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REOUEST OF THE SHENANDOAH APPLE BLOSSOM FESTIVAL - THE WILLOWS AT MEADOW BRANCH YOUNG AT HEART DANCE: VALLEY HEALTH SYSTEMS OUEEN'S BALL: AND DAILY GRIND JAZZ FEST. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86. FESTIVALS: SECTION 86-3 C. PERMIT REOUlRED: APPLICATION: ISSUANCE OR DENIAL: FOR AN OUTDOOR FESTIVAL PERMIT. THE WILLOWS AT MEADOW BRANCH YOUNG AT HEART DANCE TO BE HELD ON THURSDAY. APRIL 28. 2005 FROM 11 :00 A.M. TO 2:30 P.M.: VALLEY HEALTH SYSTEMS OUEEN'S BALL TO BE HELD ON FRIDAY. APRIL 29. 2005 FROM 8:00 P.M. TO 1:00 A.M.: AND DAILY GRIND JAZZ FEST TO BE HELD ON SUNDA Y. MAY 1. 2005 from 12:30 P.M. TO 5:00 P.M.. ON PROPERTY OWNED BY ROCK HARBOR GOLF COURSE. 265 ROCK HARBOR DRIVE. WINCHESTER. VIRGINIA (LOCATED OFF MERRIMAN'S LANE). - APPROVED Administrator Riley reviewed the application and advised that all of the functions listed Minnte Book Nnmber 30 Board of Supervisors Regular Meeting of 04/13/05 I 4Lj.6 would take place at Rock Harbor Golf Course. John Rosenberger, Executive Director of the Shenandoah Apple Blossom Festival, informed the Board that two of the events were held in this location last year and this year they would be adding the Willows at Meadow Branch Young at Heart Dance. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Van Osten, seconded by Vice-Chairman Dove, the Board approved the Outdoor Festival Permit Request of the Shenandoah Apple Blossom Festival. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REOUEST OF BELLE GROVE PLANTATION - "OF ALE AND HISTORY" MICROBREW AND IMPORTED BEER TASTING FESTIVAL. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86. FESTIVALS: SECTION 86-3 C. PERMIT REOUlRED: APPLICATION: ISSUANCE OR DENIAL: FOR AN OUTDOOR FESTIVAL PERMIT. FESTIVAL TO BE HELD ON SATURDAY. MAY 7. 2005 FROM 12:00 NOON TO 6:00 P.M.: ON THE GROUNDS OF BELLE GROVE PLANTATION. 336 BELLE GROVE ROAD. MIDDLETOWN. VIRGINIA. PROPERTY OWNED BY THE NATIONAL TRUST FOR HISTORIC PRESERVATION. - APPROVED Administrator Riley reviewed the application for this annual event. He advised that the hours of operation would be 12:00 p.m. to 6:00 p.m. at Belle Grove Plantation. All of the requirements are addressed in the application. Elizabeth McClung, Executive Director of Belle Grove, appeared before the Board on behalf of this application. She advised that this was the events lOth year. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Ewing, seconded by Supervisor Tyler, the Board approved the Outdoor Festival Permit request of Belle Grove Plantation. Minute Book Number 30 Board of Supervisors Regular Meeting of 04/13/05 447 The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tylcr Aye Barbara E. Van Osten Aye PUBLIC HEARING - OUTDOOR FESTIVAL PERMIT REOUEST OF TOP OF VIRGINIA BUILDING ASSOCIATION - BIG TOP HOME SHOW. PURSUANT TO THE FREDERICK COUNTY CODE. CHAPTER 86. FESTIVALS: SECTION 86-3 C. PERMIT REQUIRED: APPLICATION: ISSUANCE OR DENIAL: FOR AN OUTDOOR FESTIVAL PERMIT. BIG TOP HOME SHOW TO BE HELD ON SATURDAY. JUNE 4. 2005 FROM 9:00 A.M. TO 7:00 P.M.: AND SUNDAY. JUNE 5.2005 FROM 11 :00 A.M. TO 5:00 P.M.. ON THE PROPERTY LOCATED AT 1182 MARTINSBURG PIKE. WINCHESTER. VIRGINIA AND OWNED BY PRESTON I. MOFFETT. 1152 MARTINSBURG PIKE. WINCHESTER. VIRGINIA. _ APPROVED Administrator Riley reviewed the application. Chairman Shickle convened the public hearing. There were no public comments. Chairman Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board approved the Outdoor Festival Permit request of Top of Virginia Building Association - Big Top Home Show. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PLANNING COMMISSION BUSINESS PUBLIC HEARINGS PUBLIC HEARING- REZONING #01-05 FOR RUSSELL 150.LC. SUBMITTED BY GREENWAY ENGINEERING. TO REZONE 96.28 ACRES FROM RA (RURAL AREAS) DISTRICT TO B2 (GENERAL BUSINESS) DISTRICT AND 54 ACRES FROM RA (RURAL AREAS) DISTRICT TO RP (RESIDENTIAL PERFORMANCE) DISTRICT. THIS PROPERTY FRONTS ON THE WEST SIDE OF FRONT ROYAL PIKE (ROUTE 522). OPPOSITE AIRPORT ROAD (ROUTE 645). IN THE SHAWNEE MAGISTERIAL DISTRICT. AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBERS (PINS) 64-A-tO AND 64-A-12. - TABLED UP TO 60 DAYS Deputy Planning Director Mike Ruddy appeared before the Board regarding this application. Minute Book Number 30 Board of Supervisors Regular Meeting of 04/13105 4'+8 He advised that this was an application to rezone 96.28 acres from RA (Rural Areas) District to B2 (General Business) and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District in the Shawnee Magisterial District. This property is located within the Urban Development Area and the Sewer and Water Service Area and is part of both the Route 50 East Land Use Plan and the Southern Frederick Land Use Plan. The proposed road improvements are identified in the Eastern Road Plan. The application's impact statement addresses the riparian buffer features of the property, but the proffer statement does not include any commitments (e.g. residential uses and B2 uses). The traffic impact analysis for this project is 23,177 vehicle trips per day, which is acceptable/manageable. The application proposes a community development authority to fund the transportation and infrastructure improvements. There is no proffer for the construction of a bridge over Interstate 81 only acknowledgment that the applicant would participate in the proposed community development authority. Deputy Director Ruddy advised that the East Tevis Street connection is not accomplished with this project; however, the applicant did proffer to provide engineering services for the portion of East Tevis Street that runs through the adjoining property. There were no proffers for landscaping and signage improvements. The Historic Resources Advisory Board recognizes this property as a significant property; however, the applicant does not address an approach for this designation. The Fiscal Impact Model shows a net positive at project build out. The applicant has proffered $3,000 per residential unit to Frederick County Public Schools and $10,000 for Fire & Rescue. The review agency comments stated that the project should bc phased. The Planning Commission considered this application and recommended approval of the rezoning with proffers offered by the applicant along with incorporation of best management practices for the design of the parking and non-porous area to improve drainage and storm water management. Chairman Shickle asked which items had been added to the proffcr statement following the Planning Commission meeting. Deputy Director Ruddy advised that statements concerning the round about and the best management practices were added. Supervisor Tyler asked ifthc 35-foot riparian buffer text was set by the zoning ordinance. Deputy Director Ruddy responded yes. Minute Book Number 30 Board of Supervisors Regular Meeting of 04/13/05 4'+9 Supervisor Forrester asked if Parks & Rccreation's comments were addressed. Deputy Director Ruddy responded that if the commercial component develops as planned, over the life of the projcct, then the impact should be positive. Supervisor Forrester stated that the plan does not provide information regarding total open space or usable open space. Deputy Director Ruddy stated that the open space would have to be addressed at the Master Dcvelopment Plan stage. Ben Butler, attorney for the applicant, advised that he was present to answer any questions the Board might have regarding the Community Development Authority. He stated that Evan Wyatt was present to address the planning issues relative to the application. Evan Wyatt, Greenway Engineering, appeared before the Board regarding this application. He stated that the Board approved the Community Development Authority back in March. The applicant has worked with VDOT to design and align the proposed bridge over Interstate 81. The applicant has a bridge consultant under contract. He went on to say that once the rezoning is approved then the Community Development Authority can issue bonds to fund the infrastructure improvements. Mr. Wyatt stated that there has been concern expressed about the commercial development and when it would come on line. The property owner has secured contracts, but cannot execute them until the rezoning is approved. Mr. Wyatt advised that there would be commercial uses on the site before the residential portion is built out. Hc went on to say that on site recreational amenities are required for the townhouses. Many of the issues raised this evening were mastcr development plan items and the applicant has agreed to put narratives on the master development plan. Mr. Wyatt explained that the proffers were written so that the roads, water and sewer, and storm water management infrastructure would be dcsigned up front. He concluded by saying that the design of the ;)roposed bridge over Interstate 81 is underway and he would be happy to answer any questions. Chairman Shickle asked how the community development authority was connected to the Russe11150 rezoning. He stated that the applicant has not stated its confidcnce in the community development authority, as the infrastructure construction has not been guaranteed outside of that entity. Minute Book Number 30 Board of Supervisors Regular Meeting of 04/13/05 450 Mr. Butler stated that the community development authority's purpose is to fund the transportation infrastructure and other improvements. It takes the place of the performance bond. He went on to say that the project funding is structured so that it would take place after thc community development authority is established and the special tax assessments are set. Chairman Shickle asked why the applicant did not state that ifthe community development authority does not guarantee the infrastructure construction then he would? Mr. Butler responded that the applicant did not think that it was an issue. He went on to say that the infrastructure would be built. Supervisor Fisher asked where the County would be ifthe community development authority were to fold. Mr. Wyatt stated that the County would not approve any development permits without the infrastructure in place. He cited proffer II. A., which he contended supported his previous statement. Mr. Ruddy advised the Board that it would be better to clarify the proffers if there was any discomfort with the project. Chairman Shickle convened the public hearing. Mike Sh~pard, Shawnee District, advised that he was an adjoining property owner and thought this was a good project for the county. He stated that the applicant's representatives have been good to work with and have kept him informed oftheir plans. He concluded by saying that he supported the project. Jack Kelly, Shawnee District, expressed concern about the proposed commercial development that would take place behind him. He also stated that traffic circles only work in areas with low traffic density. There being no further public comments, Chairman Shickle closed the public hearing. Supervisor Tyler stated that she was not comfortable with the outstanding environmental concerns and the concerns expressed by Parks and Recreation. She stated that she would like to see walking trails and a conservation easement placed on the wetlands and flood plains. She was concerned about preserving the pristine quality of the ravines and asked how the applicant arrived at 35 feet for the buffer. Mr. Wyatt responded that the 35-foot requirement was an ordinance requirement. He stated Minute Book Number 30 Board of Supervisors Regular Meeting of 04/13/05 i ------------ - 451 that most ofthe ravines and other environmental features are in the residential portion ofthe project. These areas could be made part of the open space. He went on to say that a bike path was included along Warrior Drive. He concluded by saying that these issues would be incorporated into the Master Development Plan. Supervisor fisher stated that he liked the project for what it would do for the County; however, he had a number of concerns, including: transportation issues relative to the community development authority; the extension of East Tevis Street to Route 522; and phasing of the residential and commercial development. Supervisor Fisher moved to postpone rezoning application #0 1-05, Russell 150, LLC, for up to 60 days to resolve the outstanding issues. The motion was seconded by Supervisor Forrester. Chairman Shickle stated that he agreed with Supervisor Fisher's concerns and expressed his disappointment to the applicant's representatives regarding East Tevis Street because they had been forewarned that this was an issue for the Board. There being no further discussion, the Board approved the above motion by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye PUBLIC HEARING - REZONING #02-05 OF ADAMS DEVELOPMENT GROUP, SUBMITTED BY GREENWAY ENGINEERING, TO REVISE PROFFERS ATTACHED TO REZONING #11-04 OF ADAMS DEVELOPMENT GROUP CONCERNING THE REZONING OF 59.708 ACRES TO B3 (INDUSTRIAL TRANSITION BUSINESS) DISTRICT. THIS PROPERTY FRONTS ON THE WEST SIDE OF MARTINSBURG PIKE (ROUTE 11 NORTH), OPPOSITE THE INTERSECTION WITH STEPHENSON ROAD (ROUTE 664), IN THE STONEWALL MAGISTERIAL DISTRICT AND IS IDENTIFIED BY PROPERTY IDENTIFICATION NUMBER (PIN) 44-A-75. - APPROVED Planner II Candice Perkins appeared before the Board regarding this application. She advised that this was an application to revise proffers attached to a previously approved rezoning, #11-04 Adams Development Group. The property is located in the Stonewall Magisterial District. The applicant is requesting to revise the proffers to add wholesale with accessory retail, building matcrials and lumber stores to the proffered uses. She advised that the proposed change would not Minute Book Number 30 Board of Supervisors Regular Meeting of 04/13/05 452 impact the projeeted vehicle trips per day as the sizes of the other eommereial uses have been redueed to aecommodate this change. Evan Wyatt, Greenway Engineering, appeared before the Board on behalf of the applicant. He stated that applicant desired additional land uses and felt that modifying the rezoning was the best approach. Chairman Shickle convened the public hearing. There were no public comments. Chairnlan Shickle closed the public hearing. Upon a motion by Supervisor Tyler, seconded by Vice-Chairman Dove, the Board approved rezoning application #02-05, Adams Development Group. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda J. Tyler Aye Barbara E. Van Osten Aye OTHER PLANNING ITEMS MASTER DEVELOPMENT PLAN #05-05 OF BRIARWOOD III - APPROVED Planner II Candice Perkins appeared before the Board on behalf of this application. She advised that this was a proposal for 69 detached urban lots situated on 30 acres located in the Red Bud Magisterial District. The rezoning with proffers was approved in October 2004. The Planning Commission recommended approval of this plan. Chuck Maddox, Patton, Harris, Rust, & Associates appeared before the Board regarding this application. Upon a motion by Supervisor forrester, seconded by Supervisor Tyler, the Board approved Master Development Plan #05-05 of Briarwood III. The above motion was approved by the following recorded vote: Richard C. Shickle Gary W. Dove Bill M. Ewing Gene E. fisher Gina A. f orrester Lynda J. Tyler Aye Aye Aye Aye Aye Aye Minute Book Number 30 Board of SupervIsors Regular Meeting of 04/13105 Barbara E. Van Osten Aye Vice-Chairman Dove asked if the approval process could be streamlined by approving a rezoning and ma~ter development plan at the same time. Supervisor Ewing concurred with Vice-Chairman Dove's question. Supervisor Fisher stated that the proposal was interesting and he would like to discuss it further. Administrator Riley advised that the Board's legislative prerogative was the rezoning and that they could not rezone through approval of a master development plan. He concluded by saying that as long as the Board understood that the rezoning would have to be approved first then they could make that policy change. Supervisor Tyler stated that she would like to look at the master development plan process publicly. Supervisor Van Osten stated that she would like to have more time to consider this proposal. Upon a motion by Vice-Chairman Dove, seconded by Supervisor Fisher, the Board placed on the April 26, 2005 agenda the consideration ofa policy change to approve rezoning applications and master development plans at the same meeting. The above motion was approved by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye DISCUSSION OF REVISIONS TO THE EASTERN ROAD PLAN - SENT FORWARD FOR PUBLIC HEARING Senior Planner Susan Eddy appeared before the Board regarding this item. She advised that the Eastern Road Plan was being reviewed as a result of the approval of the Haggerty rezoning. A north/south spine road was proffered during this rezoning. It would be classified as a major collector road extending from Senseny Road to Route 7 and would not be a replacement for Route 37. The plan has been further modified to show a major collector road between a re-routed Valley Mill Road and the spine road on the Canyon, LC property. The construction of the spine road would be the responsibility of developers. The Planning Commission discussed this plan and expressed concern Minute Book Number 30 Board of Supervisors Regular Meeting of 04/13/05 453 454 over the intersections of the new spine road with Route 7 and Senseny Road. She concluded by saying that staff was looking for direction from the Board regarding whether or not this item is ready to be sent forward for public hearing. Vice-Chairman Dove thought it was a great plan. Upon a motion by Vice-Chairman Dove, seconded by Supervisor Forrester, the Board approved sending this item forward for public hearing. Supervisor Fisher did not like the idea of Route 37 and the spine road running parallel and felt that the Spine Road and Rt. 37 should become one road. Ben Lineberry, VDOT, stated that VDOT favored both the Spine Road and Rt. 37, with the intent ofthe spine road being to address commuter traffic by funneling it to Rt. 7. There being no further comments, the Board approved the above motion by the following recorded vote: Richard C. Shickle Aye Gary W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Gina A. Forrester Aye Lynda 1. Tyler Aye Barbara E. Van Osten Aye Chairman Shickle polled the Board regarding their feelings about requiring the inter-parcel connector on the Fieldstone MDP (Arcadia Development) in light of the proposed changed to the Eastern Road Plan. Supervisors Fisher, Ewing, Forrester, Dove, Tyler, and Van Osten stated that they were inclined not to require the an inter-parcel connector for the Arcadia Development property. Chairman Shickle advised Administrator Riley ,with the changes contemplated tonight in the Eastern Road Plan for the projected improvement of access to Route 7 and Valley Mill Road and the Board's inclination not to require the inter-parcel connector on the Arcadia property, that he should contact Mr. Mitchell, the County's counsel in the Arcadia case, and so advise him in order that he may be able to get that case promptly resolved. ROAD RESOLUTIONS (RESOLUTION #'s 049-05. 050-05. AND 051-05) - APPROVED UNDER CONSENT AGENDA HARTWOOD SUBDIVISION - APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Additions Form SR-5A, fully incorporated Minute Book Numbe, 30 Board of Supervisors Regular Meeting of 04/13105 455 herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills, and drainage; and BE IT FURTHER RESOL VED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. STAR FORT SUBDIVISION. SECTION IV-A - APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Additions Form SR -5A, fully incorporated herein by reference on plats recorded in the Clerk's Office ofthe Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in the attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of Virginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. ROSE HILL MEADOWS - APPROVED UNDER CONSENT AGENDA WHEREAS, the streets described on the attached Additions Form SR-5A, fully incorporated herein by reference, are shown on plats recorded in the Clerk's Office of the Circuit Court of Frederick County; and WHEREAS, the Resident Engineer of the Virginia Department of Transportation has advised this Board that the streets meet the requirements established by the Subdivision Street Requirements of the Virginia Department of Transportation; and Minute Book Number 30 Board of Supervisors Regnlar Meeting of 04/13105 456 WHEREAS, the County and the Virginia Department of Transportation have entered into an agreement on June 9, 1993, for comprehensive stormwater detention which applies to this request for addition; and NOW, THEREFORE, BE IT RESOLVED, this Board requests the Virginia Department of Transportation to add the streets described in thc attached Additions Form SR-5(A) to the secondary system of state highways, pursuant to 33.1-229, Code of V irginia, and the Department's Subdivision Street Requirements; and BE IT FURTHER RESOLVED, this Board guarantees a clear and unrestricted right-of- way, as described, and any necessary easements for cuts, fills and drainage; and BE IT FURTHER RESOLVED, that a certified copy ofthis resolution be forwarded to the Resident Engineer for the Virginia Department of Transportation. BOARD LIAISON REPORTS Supervisor Van Osten stated that she would like the Board to consider affordable housing as a discussion item because it would "behoove the Board to go forward with something on this topic". Supervisor Tyler stated that the CCC was working on a public outreach for affordable housing. Chairman Shickle stated that he believed the current zoning ordinance pushes the County in the opposite direction, but he would have to see some analysis of that. Supervisor Forrester asked if affordable housing could be incorporated as part of the Urban Development Area study. Deputy Director Ruddy advised that it was part of the Urban Development Study. Supervisor Van Osten reported on her attendance at the air improvement task force meeting. CITIZEN COMMENTS There were no citizen comments. BOARD OF SUPERVISORS COMMENTS There were no Board of Supervisors comments. ADJOURN UPON A MOTION BY SUPERVISOR EWING, SECONDED BY SUPERVISOR FORRESTER, THERE BEING NO FURTHER BUSINESS TO COME BEFORE THIS BOARD, THIS MEETING IS HEREBY ADJOURNED. (9:35 P.M.) Minnte Book Number 30 Board of Supervisors Regular Meeting of 04/13/05 457 \ J.~i Clerk, Board of Supe visors \2--9 Q C' 9.. C) QL Richard C. Shickle Chairman, Board of Supervisors Minutes Prepared By: (~QU f' '-(:11-, ~bs Deputy Clerk, Board of Supervisors Minute Book Number 30 Board of Supervisors Regular Meeting of 04/13105